BY CHARLES LAITON
Former Police Deputy Commissioner-General Innocent Matibiri has been taken to the High Court by Tian Ze Tobacco Company (Pvt) Ltd, to recover US$189 083 after he failed to honour an agricultural input contract which required him to grow and supply tobacco to the firm.
Through its lawyers Muvingi and Mugadza, the tobacco firm recently issued summons against the ex-senior top cop and the latter is yet to respond.
According to the court papers, Matibiri’s address of service is cited as Stockwell Farm in Mvurwi.
Tian Ze Tobacco said in May 2013, it entered into a tobacco farming contract for the 2014-2015 agricultural season, with the firm extending to Matibiri a loan facility of inputs and cash flow to grow tobacco.
“The contract was a novation of previous similar contracts between the plaintiff (Tian Ze Tobacco) and the defendant (Innocent Matibiri) with an aggregate value of US$189 083,82 made up of inputs and cash advanced to the defendant during the 2014/2015 and previous tobacco farming seasons,” the company said.
The company further said in terms of clause 7(iv) of the contract the total capital amount was due and payable on or before September 30, 2015 of which interest at the rate of 5% per annum would be levied on the outstanding capital amount.
“The defendant has defaulted in paying an outstanding capital amount of US$189 083. The plaintiff had instituted summons against the defendant under case number 7529/18 for the same claim. The parties had signed a deed of settlement in which reasonable terms were agreed and the matter was withdrawn by the plaintiff,” the firm said.
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“However, the defendant has defaulted in payment and despite the amount being legally due and proper demand being made, the defendant has refused, failed and or neglected to settle the outstanding amount.”
The tobacco firm further said in terms of clause 12(v) read with 12(i) of the contract, in case Matibiri defaulted, the firm would assume the right to take legal action against him by referring the matter to its lawyers or debt collectors and Matibiri would be liable for the settlement of legal costs.
